High Court of KeralaWP(C)/31546/2008dismissed as infructuous

Shaji P. v. The Secretary And 3 Others

2015-06-08Honourable Mr.Justice K.Vinod Chandran3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN MONDAY, THE 8TH DAY OF JUNE 2015/18TH JYAISHTA, 1937 W.P.(C).No.31546 of 2008 (E) ---------------------------------------------- PETITIONER(S):- ------------------------ SHAJI..P, PUTHENVILA KIZHAKKETHIL, KOTTAPPURAM, MULAVANA, KOLLAM DISTRICT.

BY ADVS.SRI.C.R.SIVAKUMAR SRI.SAJU DAVID.

RESPONDENT(S):- ---------------------------

1. THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, THIRUVANANTHAPURAM.

2. THE DISTRICT OFFICER, THE KERALA PUBLIC SERVICE COMMISSION, KOLLAM DISTRICT.

3. THE VILLAGE OFFICER, VILLAGE OFFICE, MULAVANA.P.O.

4. THE TAHSILDAR, TALUK OFFICE, KOLLAM.

R1 & R2 BY STANDING COUNSEL SRI.P.C.SASIDHARAN. R3 & R4 BY GOVERNMENT PLEADER SRI.S.JAMAL.

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:-

W.P.(C).NO.31546 OF 2008-E APPENDIX PETITIONER'S EXHIBITS:- ------------------------------------- EXT.P1 TRUE COPY OF THE FRONT PAGE OF SSLC BOOK.

EXT.P2 TRUE COPY OF THE RANK LIST DATED 9.6.2008 PREPARED BY THE 2ND RESPONDENT.

EXT.P3 TRUE COPY OF THE ORDER OF 4TH RESPONDENT DATED 3.9.2008. EXT.P4 TRUE COPY OF THE INTERIM ORDER DATED 18.06.2008 IN W.P.(C).NO.11120 OF 2008.

EXT.P5 TRUE COPY OF THE APPLICATION FORM SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.

RESPONDENT'S EXHIBITS:- ---------------------------------------- NIL.

Vku/- [ true copy ]

K. Vinod Chandran, J -------------------------------------- W.P.(C).No.31546 of 2008-E ------------------------------------- Dated this the 08th day of June, 2015

JUDGMENT

The grievance raised by the petitioner in the above writ petition is with respect to his claim to be treated as "OX category". An interim order was issued, in the following manner: "Having regard to the interim order passed by this Court in connected matters, it is ordered that the petitioner shall be treated as belonging to OX category by the PSC provisionally and he shall be assigned a place in the rank list if he is otherwise eligible. But if his turn for advice arises, the same need be issued only after getting further orders from this Court".

Hence, if the vacancy arose, either the petitioner or the Public Service Commission ought to have moved this writ petition for further orders. Since none has moved for such orders, the writ petition is dismissed as infructuous, leaving open the contentions of the petitioner. No costs.

Sd/- K.Vinod Chandran Judge.

vku/- [ true copy ]